How might a manufacturer defend against a liability claim?
A product liability claim is a very peculiar kind of liability case, which requires a great deal of preparation and investigation to mount properly. Unlike other types of liability claims, which are often relatively straightforward in establishing the responsibility of the defendant, product liability claims can be fought against in a number of ways by the manufacturer. If you are considering filing a product liability claim, it is useful to understand the ways that a manufacturer may deflect the charges.
The most common defense against a product liability claim is that the plaintiff is responsible for his or her injuries or losses due to misuse of the product. The manufacturer would then further claim that it took appropriate measures to protect against foreseeable dangers, but that the plaintiff used the product in a way that exceeded those foreseeable dangers. For instance, if a consumer were to use shampoo as a substitute for cooking oil, and then claim that the resulting dish made them sick, the company could easily claim that shampoo is not for consumption, and the sickness is therefore not their responsibility.
A manufacturer may also respond to a product liability claim by suggesting that the plaintiff’s dependence on the product or on a warranty associated with the product was too high. This can be much more difficult to demonstrate in court, but is possible. The ways that this can be accomplished are innumerable and must be evaluated on a case-by-case basis.
If you believe that you may have a legitimate liability claim against a product, you deserve to have the best help you can get in pursuing justice. An experienced attorney can help you examine the elements of your case and evaluate its strengths and weaknesses. With proper guidance, you can rest assured that your claim will be heard fairly and that your rights will remain protected throughout the process.
Source: Findlaw.com, “Legal Basis for Liability in Product Cases,” accessed Dec. 30, 2016